A bipartisan group of senators has introduced legislation to revise birthright citizenship laws in the United States. The proposed "Birthright Citizenship Act of 2025" seeks to end the automatic granting of citizenship to children born in the U.S. to parents who are either undocumented immigrants or here on temporary visas. This bill, spearheaded by Senators Lindsey Graham (R-SC), Katie Britt (R-AL), and Ted Cruz (R-TX), aims to address what they perceive as a significant pull factor for illegal immigration and a potential national security vulnerability.

The Center for Immigration Studies estimates thousands of births annually to women visiting the U.S., in addition to a substantial number of births to undocumented immigrants or those on temporary visas. A 2022 Senate report highlighted "birth tourism" operations catering to affluent foreign nationals seeking U.S. citizenship for their children.

Senator Graham emphasized the need for this policy change, citing the exploitation of birthright citizenship by individuals from countries like China seeking U.S. citizenship for their offspring. He voiced support for former President Trump's executive order on the matter and advocated for aligning U.S. practices with those of other nations.

Current U.S. practice, established in the 1960s, grants automatic citizenship to all children born on U.S. soil. This practice stems from an interpretation of the 14th Amendment, which some legal scholars contend is inaccurate. The proposed legislation aims to clarify the amendment's "subject to the jurisdiction thereof" clause, stipulating that at least one parent must be a U.S. citizen, national, legal permanent resident, or active-duty military member for a child born in the U.S. to be granted citizenship.

This legislative effort follows a previous executive order by former President Trump to restrict birthright citizenship, which was subsequently challenged in court. Legal expert Hans von Spakovsky expressed confidence that if the matter reaches the Supreme Court, a ruling would likely favor Trump's interpretation of the 14th Amendment. He emphasized that the bill seeks to clarify, not amend, the amendment's meaning.

Senator Britt echoed concerns about the misuse of birthright citizenship as an incentive for illegal immigration, stressing the need to strengthen U.S. citizenship practices and align them with international norms. This bill is the latest development in ongoing efforts to address birthright citizenship, following similar legislation introduced in the House of Representatives.